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Found 1,764 results

  1. I am having a right nightmare with Kensington mortgage company and need some much appreciated help . I had a suspended possession order granted in oct 2007 as I had lost my job at the nhs and my wife business had collapsed the suspended possession order was issued in oct 2007 for my monthly payment plus £50.00 i think i need to dig it out as it was nearly 6 years ago i will post later the exact amount I have been making payments over the last few years to Kensington but also built up massive arrears on my council tax and second secure loan with welcome finance at the mo long story short I have now cleared my 7000 pound arrears with council tax (rossendales ballifs ) april 2013 and got my arrears down to £1095 with welcome finance (was over £5000) however with doing this I have now got arrears of £20,018.46p as of 19th august 2013 with Kensington. I had an arrangement in feb ,march,april, to pay £636 (monthly payment) to Kensington of which I paid march £640.00 april £650.00 may £800 i only paid £160.00 in feb due to having several other debts elsewhere stupid of me i know !! on the 28th of april when i paid £800 i was charged arrears fee of £50 and i was told my arrangement had finished and i needed to fill in income expenditure form send bank statements in and wage slips to consider a new arrangement for may after filling in all sheets and sending in the above i offerd £636 + £64 off the arrears (£700.00 a month after 19 days i got a letter stating this had been declined and was advised to up my offer so i didn't make a payment in may as i wanted an arangement setup so i knew what i was paying i will explain later (don't want to go on but arragrements have been declined lots of other times over the past 5 years until i offered a lot more even if i couldn't afford it so im at the end of my tether and on the verge of giving up ! after clearing more debts in mid april and doing a new budget sheet i could offer £636 + an extra £200 .a month off the arrears i sent again budget form, wage slip, bank statements and again the payment proposal was declined after 16 days stating i couldn't afford the above (even tho the budget form stated i had an extra £204.00 at the end of the month ) offer as i had stated i would like to pay weekly and the computer calculates some months as 5 weeks the payment would be nearly £1000 in certain months i didn't pay anything in june as im holding onto my money incase thy issued possession which they kept stating every time i called them unless an aragement was agreed after sorting the above over the phone along with been told Kensington had inputed my child benefit of £134 into child benefit and also the same figure int family tax wrong (not £179.00 as stated on the budget form) and explaning the weekly thing i put a new proposal of £640 a month + £200 a month of my arrears which would take roughly 8 years to clear (still have 22 years on mortgage term) i advised i would start paying at the end of august and was advised the new payment proposal was affordable and would be given to the senior team (5th of august and boom i get a letter today dated 19th august stating unless i pay £20,018.46 in 7 days evershields (solicitors ) will apply to the court for the issue of a warrant of possession im holding onto my £840 incase i need to pay a rent deposit in the past i have an arrangement for 3 months pay it then it ends then seems to take 4-6 weeks to get a new arrangement i get charged £50 a month arrears fee and i can never get an arragemnt set up that's affordable they always decline 1 or 2 times until i offer a silly amount once i pay that for 3 months the same again the arrangement ends i have to update my budget forms and again charged £50 a month arrears except this time agfter 3 months arrangement they wont renew it.. please help i don't know what to do !! i called Kensington this evening and was told they sent a letter dated 15th august stating my 3rd proposal had been declined and due to previous arrangemnts not been kept and arrears building up they are seeking evection sorry for the long thread but don't know what to do regards mark
  2. Hello all, I just wanted to gather some advice regarding this, as I am currently thinking of taking it down the route of small claims court. Around about 2 years ago (23 months to be exact) we had to have a new meter installed at our flat due to the monitor on the then existing one breaking. No worries, that is absolutely fine, crack on. Slowly but surely we started to see a dramatic increase of the price of our bills. From when we were paying on average £40/50ish (one bed flat), started to become £100, sometimes £200 plus. Obviously to any rational human being that would flag as something being rather wrong, you would think, but not to N-power, oooohhh no, that seemed around about what we should be paying. After around 6 months of arguing with N-power I got rather bored and went to the ombudsman, this wasn't being we now had a bill in excess of £1000 (If not more, can find that later if important but at work at moment). Now we sit and twiddle our thumbs expecting Ombudsman to come back with some fantastic news that it was all incorrect.... Na, not a chance! They ruled with N-power and stated that we were using the amount of electric they said. At this point me and my partner were rather deflated, but knew in our heart of hearts that this could not be right, it just couldn't be! We accepted a deal with them in which we were then paying £120 a month to clear the debt in order to take some of the strain off ourselves, and frankly get some breathing space as they started threatening legal action. Whilst still arguing and debating with N-power we were not getting anywhere (Why should we, we were in debt to them and the Ombudsman agreed with them), then one morning we got an email stating that our direct debit was going up and we would have to pay £350 a month Well, that was it, I ordered my partner to make a cup of tea whilst I sat in bed and started typing a review on N-power Facebook. I had the added advantage that I saw the head office (Or a N-power office) was based in Solihull, I thought this is brilliant, I'm going to be working near that for the next few months, I shall tell them I will pay them a visit. Surely enough they took notice of this, and arranged for someone to test our meter. This gentleman who came to test our meter was nice, one of a kind, told me at that even though he wouldn't have the results right away, the meter was fast. Two weeks passed and we got a call from N-power, yes they confirmed, your meter is clocking up too fast! HOW FAST?!?! I asked barely able to contain my excitment..... 58.8% fast!!!?! WOOOOOOW. Now the gentleman from N-power was nice and said don't worry, give him a few weeks as he has to adjust every bill we've had since installation of this meter. No problem, that is absolutely fine thinking this is the end. Took our meter reading for that month, that'll be £52 please, yes that seems about correct! Was it the end??? No. They only went and messed up the figures and we were still left with £1200 to pay. A little confused, I emailed back my figures based on 58.8% deduction, plus the excess we would have paid. Nothing. I have now gone back to Ombudsman but they are not sure they can take the case as it relates to a previously ruled on case. I asked them even with the knowledge that we were correct and N-power were wrong??? They said they would have to check with the powers that be. They are currently doing that (To be fair they said it would take a few weeks due to Xmas and New Year). Now, that is a very light hearted post I have written whilst killing some time at work. I really cannot stress how stressful the whole process has been. Me and the partner have argued, tears, stress, literally wanting to kill N-power, sitting in the freezing cold not wanting to waste any energy and a magnitued of other things. My question is, if ombudsman rule they can't look into it again, would be have a claim for small claims court? More out of curiosity than anything, because I am not going to let this go without a fight. Also, this is on another forum also, but I had never heard of this forum until around an hour ago and having looked through stuff you guys seem to know your stuff! Hoping to get all the information I need to absolutely hammer these clowns.
  3. Good Afternoon. I was wondering if someone can help me with some questions regarding an old debt I have. About 5 years ago, my mother became terminally ill, I was in full time work and had to reduce my hours to help her as she refused to go into care. At the time I was paying for a Loan from NatWest. I knew I was going to start to struggle paying the loan amount so I went into the bank to ask for help. 3 times I went in asked, each time they either tried to replace it with a bigger loan over longer or just said no. On the 3rd time I spoke to the General Manager who said to stop paying the loan and we will be in touch to arrange a lower payment. I was unaware what this actually meant but did it. 5 Years on I have a default and debt owing to NatWest, However they have got Westcot to manage the Debt which I pay a token payment of £1 a month. Recently a friend told me about the original terms and conditions tactic. I wrote to Westcot asking which they told me they only manage the debt I then wrote to NatWest who have replied saying they cannot find them or have enough data and that the debt is not enforceable however because I'm in default this only stops them not pursing in court. The letter says please continue to pay because it they don't they will use what ever means by the law to get the debt back. They also say the Debt is still Valid and please contact them to arrange payment if I haven't already done so. My question is what do I do now? My Default will drop off soon and I don't want to cause a issue which could stop that happening. This is the only debt I have and its effects my credit score. What should I do? Any help with be greatly received. I have attached the letter.
  4. Hi all Haven’t been on for a while, but nice some familiar names are still active on here! I have gotten into a situation and would really appreciate some advice and help. I have the same feeling I did when I helped my Dad some years back with debt issues, where currently everything feels quite daunting but know the CAG members hold a wealth of information and have always been great As I want to anonymise this, please bear with me for being vague anywhere. Completely out of character, I ended up in an altercation, things were said, the other party initiated pushing and shoving (in hindsight I should have left) and I was assaulted, stumbled onto a vehicle causing damage Police were called, investigated and closed the incident with no further action. I thought that was it, until this other person writes to me asking for £ to pay for ‘the damage I caused’ to their property. Started with a simple letter which I ignored, then received an LB A/C giving me a month to reply. Both delivered by hand if it makes any difference. Knowing the pettiness and nature of this person I would expect them to push it to court. I did PM an admin I know who said try here first, as wasn’t sure where to post this. Many thanks in advance for reading and any advice. E!
  5. Hi..I'm a newbie here so thanks in advance for your help. I got into financial trouble in 2007 with an unsecured loan my ex husband got me into (it's in my sole name). I divorced my husband and missed payments on my loan. It went into default. Lloyds got Apex involved, I made an agreement and started paying £60pcm. Life moved on, the default timed out on my credit file, I moved house but carried on paying. I struggled financially and lowered my payment to £50pcm. 1 year after lowering my payment brings me to present day. Robinson Way have been calling me asking for me by my married name so i made the assumption its to do with this (i have no other unpaid debts). I called them and they confirmed they were instructed by Lloyds in September to collect in excess of £17k I'm still paying Apex! I said I would not enter into a discussion and asked for a copy of the agreement this refers to, a copy of the assignment for them taking this debt on and a statement of account. They agreed and said my account would be put on hold whilst they gathered the info. I asked for this to be put in writing to which they agreed. I had to give my correct address for this to be sent. Have I done the right thing? Should I continue to pay? Many thanks
  6. Today I received a white county courtclaim form from northampton for the MBNA Credit card 2008 – now with PRA GROUP - £2723 – defaulted 2012. On 12th Nov PRA Group wrote to me in response to my returned PAP form where I stated I dispute the debt because I need more documents or information Specifically I wrote: I need a copy of (1) the Default Notice, (2) the Notice of Assignment, (3) a complete set of statements detailing exactly how the debt has accrued detailing: (a) All Transactions, (b) Any additional charges, be them by the original creditor or you PRA Group (UK) Limited, the debt purchaser or any predecessor, © Details of all contractual interest added by whom and on what date, (d) List of ALL Payments made toward the Agreement. The PRA group letter on the 12th said, that in response to my query (PAP form) please find enclosed copy of statement of account from MBNA and a copy of the credit agreement (was an online application 2008) plus statements from the MBNA credit card (virgin). The letter goes on to say that they will put the account on hold for 30 days until 12th December to allow sufficient time to receive the letter and contact them. Today I received the county court claim form. I don't know what to do now? Please advise. Should I try to a negotiate an offer with PRA or will I have to pay in full somehow! I don't want a CCJ registered.
  7. If you have had a success against any of the PPC's then post a link to your thread here.
  8. Good evening We would appreciate your advice please. A friend bought a second hand car from a dealer and as she drove it away, she noticed a smell of burning but initially dismissed it because it was apparent that the car had been valeted inside and out and she believed it to be the heated seats drying or the engine maybe drying off from a clean. Over the next few days, the smell remained and the lights, heated seats, rear wiper and other electrical things started to fail. She contacted the dealer who requested she fetch it back but as the issues deemed the car unfit for the road and potentially dangerous to her kids; she requested he collect it. He recovered the vehicle and later advised her that it was due to an electrical plug being 'kicked off' under the glove box and blamed my friend for this and then attempted to charge her for the recovery plus the repair. Having sort some advice; she advised him that under the Short Term Right to Reject under the Consumer Rights Act; she wanted her money back as she had lost faith in him and the vehicle but he has declined and has only offered to pay the recovery as he believes this is all her fault! To date she has advised the DVLA that the vehicle is not hers and the garage (as far as we are aware) still have the vehicle. She bit the bullet and has commenced small claims proceedings to which he is trying to go for mediation because it's free (which we don't believe it is) and she has now received a letter from his solicitor which appears to be designed to scare her. I attach a copy and would respectfully ask for your comments please. Many thanks Lambo
  9. I purchased a 15 month old 2017 Swift Escape 685 motorhome for 46k in August 2018 which developed various faults, initially minor but getting more serious/worrying over the short time I've owned this. This is my first ever motorhome and my wife and I purchased this for trips to maintain our holiday home business throughout the year, not just for holidays, the dealer was made aware of this before our purchase. We decided to purchase a used model because we believed it would have had any initial teething problems solved, so would be more reliable than a new model, my first mistake! I believe I now have the right to reject this motorhome under the consumer rights act 2015, but I wanted to ask you if I am right in my belief? I'll list below the initial issues which accurred between August 2018 and October 2018: * Rear bed broken/collapsed - Repaired by myself as I found this the night before our first use. * Vibration from torn exhaust shield - Removed by myself for safety reasons, advised by dealer no need to replace. * Skylight rattling/banging in wind - Rubber seal fitted by dealer to tighten fit. * Various cupboard doors needed adjustment/replacement of rubber bump stops - Repaired by myself. * Various window catch's out of adjustment - Packed and adjusted by dealer. * Emergency tyre repair kit missing - Replaced by dealer. * Storage cupboard cup and plate holder racks missing - replaced by dealer. * Wheel alignment/tracking out of adjustment, vehicle pulling to the left - Readjusted by dealer. * Overhead bed extremely annoying whilst driving ie: rattling, chattering, squeaking - Dealer had already tried to cure this for the previous owners by adding washers/packers, but unsuccessfully. * Delaminated roof/headlining mainly at the front above the overhead bed, but also some delamination above the shower room wall noted since. I expressed my concern that ingress of water has caused this as the mattress on the overhead bed has felt damp since we first tried to use this - this was reported to Swift by the dealer during August/September 2018, Swift want the vehicle returned to the factory for inspection/repair under warranty, but the earliest date possible was week commencing February 11th 2019, with an expected completion by week commencing March 25th 2019, Swift also agreed to inspect the noisy overhead bed at the same time. * Then in November 2018 we found wet seating/puddle of water below side window - I once again expressed my concerns that the mattress on the overhead bed was still damp and I still believed there was water and possibly mould in the roof, and that the water had found it's way down to this seating. We were assured by the dealer that the water was caused by a lack of a seal around the right side window, allowing rain water in, and more worryingly, in the dealers own words "the right side window could have simply fallen out at any time!" The dealer resealed the window frame and assured us that the motorhome was again watertight. The aftersales manager at this point did say that he can understand that we may have lost faith in the vehicle and that they would be happy to have it back so we could purchase a brand new model (we naively assumed he meant at full value). The final straw for us was around 2 weeks after collecting the motorhome back from the repair of the side window, we found the inside of the roof above the overhead bed was dripping with water all the way across the full width of the roof line, plus the mattress and bed side curtain were also soaking wet, along with the same area around the right side window and below, that had been wet previously. We took the motorhome back to the dealer on December 19th but the after sales manager was off for Christmas until December 27th. When we spoke to him around December 27th he said that they had now found the solar panel cable entry point was leaking water in and needed the external fixing box to be replaced and resealed. I told him I had had enough and now wanted him to take the vehicle back as he had agreed, so we could purchase a new replacement vehicle. He agreed and said he would ask the sales manager to contact me with a price for a new vehicle. In the meantime the solar panel roof leak was repaired and the aftersales manager tried to gain information from Swift regarding what was involved in the factory inspection/repair of the delamination, this is because at this point we didn't realise we had any legal rights to a refund and we were hoping for definite confirmation that there was no risk of mould/bacteria in the roof above the overhead bed. On January 19th we had a call from the sales manager, this is when things turned sour! Yes the dealer would have our motorhome back, but they would only offer us £38k in a part exchange! So after just 4 months use and 6 short trips we were expected to take an 8k loss. I told them I wasn't accepting that and would need to take legal advice. This is when I found the consumer rights act 2015 existed. On February 1st 2019 I emailed the aftersales manager to officially reject my motorhome under the consumers rights act 2015 on the basis that it is of unsatisfactory quality and not fit for purpose, and to state that I do not want the factory repair of the delamination of the interior roof as Swift wish to keep the vehicle for around 6 weeks for this. On February 6th he emailed me back to say he would need to discuss this with his senior management team and would email me back within 7 working days. On February 15th I hadn't received a reply so I emailed him again asking for a response. On February 19th (today) I have received a reply to say they do not accept my rejection as they have repaired everything except the delamination of the interior roof, that this is only cosmetic, and that the vehicle has a 10 year body warranty. My obvious concern is that the roof delamination is due to the ingress of water. Plus in telephone conversations with the after sales manager he has stated that the Swift technical team have admitted they are experiencing condensation issues with vehicles produced since 2017 that have fibreglass roofs and overhead beds, possibly due to temperature differences, and that having checked other vehicles at the dealership for servicing, they have found condensation in a number of those as well. ** And yes, I have recorded these conversations thanks to the advice on this forum, thank you for that ** So to summerise I believe the motorhome is not fit for purpose because: * The health risks of damp/bacteria in overhead bed area, either due to condensation issues or trapped water in roof. * The repair at factory would be a further 6 weeks of no use. * We purchased this mostly for business trips for which we've had no use since December 19th. * The quality of the vehicle is not satisfactory. Am I correct in thinking that I now have the right to reject and expect a full refund as my email of rejection was sent during the 6 month period? I almost forgot to add, I paid roughly half by debit card and half is on hp, the hp company say they will only need to get involved if we don't come to an agreement with the dealer, their t&c's seem to suggest the same. Thank you in advance and apologies for such a long thread!
  10. Hi all, Just a bit of a background, I called Blackhorse on the 23rd December 2018 to check whether I had any PPI on loans that I took out many years ago. The first and most relevant was taken out in 1987 as I recently found out from them. They found I had three within 87 and 91. They didn’t indicate or tell me whether or not there was PPI on any of my agreements and instead sent out a complaint form and explain to them why I was misold any of the policies attached to each loan. I had no paperwork at the time of calling. A week later I sent back the form and gave the reasons why each were misold. Before doing this I called Blackhorse again and requested a copy each credit agreement agreement they hold on file which they said ok but still fill out the form and send it back which I did. 2 weeks after sending of the form, instead of receiving credit agreements, I was sent each loans running Statements from the opening payments right up until the last. 2 do not show an indication of PPI. But the largest and earliest loan clearly stated PPI £1637.11 included in a total amount of £15,387.78 to repay back. This is on the first page of the statement. Ive keep asking them to comfirm and they keep saying that there is a strong indication and a final response would be provided The Final response date I was given was 18th February. But I received a letter today stating they need at least another 8 weeks to fully respond to the complaint. It’s quite frustrating that they are not providing a final response. I understand there busy and that’s why they have such sufficient time provided to them under their regulations. The reason they have provided for this responses is that they are busy and it hasn’t gone to the relevant departments yet. It funny because I’ve spoken to 3 different people so far during the weeks that have gone by and they have each stated completely contradictory stages as to where the complaint currently is positioned. 2 weeks ago someone told me it’s half way, a week later someone said it’s not even been seen yet by the case handlers and now they have decided to extend for another 8 weeks. I don’t know what to believe. I’ve mentioned to them that I’m going through hardship at the moment as I’m now disabled and require funds for a needed private operation and the money would come in very handy at the right time. Is this common practice or is there something more to it? Would it be wise to take the complaint to the ombudsman? What’s the best thing to do going forward? Given that there is records of each loan, whats the hold up? Could they be passing liability onto someone else, and would have they not of done that already to address the matter ASAP? Any advice or experience anyone has with dealing with Blackhorse PPI dpt is very welcome and I look forward to receiving everyone’s responses on how to best get a reasonable response in a reasonable time. Thank you
  11. Please can anyone help with advancing this? I would be really grateful if a Default Notice 'Expert' could kindly offer me any advice. I have a long standing dispute with a Creditor on my DMP – MBNA/Moorgate (sold to IDEM post complaint Oct 2016). Original creditor MBNA on DMP May 2009, sold to Moorgate 2012, Default Notice from Moorgate Dec 2013 but binned by them (even though letter to terminate agreement thereafter also and no other monthly statements received), they didn't record the Default Notice with CRA either, I have (Moorgate) arrears markers from 2013 to current. I have thus far complained to MBNA (& Moorgate) to request a Default Notice to be issued and recorded from the start of my DMP May 2009 (when the arrears started – as comfirmed on all their MBNA statements I have and evidenced to all, as I defaulted on original T&C paying reduced monthly payment under DMP), MBNA refuse to add a Default Notice as ‘relationship continued’ and I entered into a payment arrangement with them’, Moorgate refuse more or less on same grounds and say their previous Default Notice was scrapped as they were contacted re payment continuation, so didn’t record. The Adjudicator at the FOS has come back to me, she says MBNA have ‘foggy’ evidenced that I continued to meet most of my monthly payments with them (??!!), she seems ‘Exacerbated’ of her telephone conversations with Moorgate, and has decided to not uphold my complaint altogether as she doesn’t think either have acted unfairly??? She has said I can ask an Ombudsman to take a look also… .but that they are ‘likely to agree with her’. I am quoting the ICO guidance version 3 2007 to FOS, however the Adjudicator has said ‘More recent ICO guidance states that there are exceptions and a Default Notice shouldn’t be added if a payment agreement has been entered into, such as a DMP.’ I have sent the Adjudicator absolutely everything so I am confused, am I barking up the wrong tree here, I don’t know what else to say to them other than the enormous evidence and several emails that have taken place …..please can anyone offer some advice (it will be on my CRF until 2026 ?) Moorgate have told the adjudicator, if I stop paying now for 3 months, they will re-place their original Default Notice of Dec 2013 as this pertains to the current arrears. Do I upgrade to an Ombudsman and stick with it for MBNA Default May 2009 or / stop paying 'now' IDEM and expect DN Dec 2013 reignition from Moorgate (?!) Thank you so much for reading in advance… Arrears with MBNA May 2009 until sale to Moorgate March 2012 (MBNA told Moorgate the account was up to date - this is totally untrue as was mounting arrears against T&C although of course MBNA don't record these) Plus x 3 seperate missed payments with MBNA Moorgate arrears from September 2012 4 seperate missed payments with Moorgate to date. Moorgate sold to IDEM in December 2016 after my complaint.Save Save
  12. About two weeks ago (Jan 2019) I received a letter from DrysdensFairfax solicitors acting on behalf of CapQuest for a debt of £9900.07 which I want to defend on the basis of its being and unenforceable debt. The original credit agreement was with Virgin Money and dates from 2005 The original default letter dates from 2009. The debt has increased due to 'various court charges etc charges' that aren't itemised They issued court proceedings in 2014 which I defended, and they put a stay on the case.. they have recently requested for the stay to be lifted and a court date has been set for March 2019. I have objected to this for many reasons (it seems very poor professional practice to delay a case for no reason for almost 10 years. I currently have a completely clear credit record with no loans/credit cards/defaults of any kind on it. The court date of 1st March seems very soon for me to prepare my defence. Can I ask for it to be delayed. Any advice much appreciated. Thank you
  13. I have read the stickys and I see that a lot has changed since last time I did this. ParkingEye have recorded me overstaying in a shopping estate car park and have issued me with an £85 fine (reduced in paid quickly). I am wondering if anyone has had success by providing evidence that they were genuinely in the shop for the time period shown, busily purchasing away! Essentially I was in costa and can show from my bank statements that I bought a lot of coffees whilst I was there working (oblivious as I was to the time restriction). Is this worth appealing about? My thinking is that the shop did not suffer a loss as a result of my breaching their contract? Or is that naive thinking. Some help would be very welcome 1 Date of the infringement 12.1.19 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 17.1.18 3 Date received something like 22.1.19 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Y 5 Is there any photographic evidence of the event? Y 6 Have you appealed? {y/n?] post up your appeal] not yet Have you had a response? [Y/N?] post it up 7 Who is the parking company? parkingeye 8. Where exactly [carpark name and town] westgate retail park, wakefield
  14. I am up to my eyes on another legal thread on here. I am having so many problems with uploading my documents from pond **** in the pdf format, edited. I have a wireless printer than I can scan to my laptop. If I scan them in pdf format, I can't edit them. If I scan in jpg format, I can then use 'Paint' to painstakingly edit out personal info using the 'fill' tool but then can't save it as a pdf file. I am stoney broke and all the editing softwares want paying up front. Am I just being elderly
  15. Dear Forum members, I would like to ask you if you could kindly help me draft the best POPLA appeal that I can in regards to the NTK I received from UKPC? Appeal sent as the Keeper of the Vehicle on the following grounds and asked for further information: 1. Equalities Act 2010 compliance (have sent them proof of disability for an occupant of the vehicle) 2. Parking Charge amount claim grounds 3. Asking them to give a breakdown of their actual loss. Is the charge a true reflection of damages? 4. Their status – the creditor? 5. Ownership of premises? 6. Contractual Authority (as required by BPA Ltd AOS CoP B.7) 7. Signage There was no admission on who was driving and that is stated in the appeal letter to UKPC clearly as well. UKPC Rejection of the Appeal: Their reasoning for rejection of my appeal was (verbatim): Disabled parking bays are reserved for Blue Badge holders only and that a valid disabled badge must be clearly displayed at all times. They have not addressed any other issues or points of appeal at all. I have also downloaded the photos they hold on file for my vehicle and they are all silly and also show how inadequate their signs are as they are absolutely unreadable. I have included in this document (further down on following pages) the following: • Copy of the photos UKPC has on their online system for the vehicle at the location • Copy of the photos I have taken subsequently visiting the site to check for signage • UKPC Notice to Keeper copy (personal info scribbled out) • My letter of appeal to UKPC as the owner of the vehicle (personal info scribbled out) • Copy of the UKPC Rejection of Appeal letter to me (personal info scribbled out) Could you please assist me with making the best possible POPLA appeal for this case? Thank you ALL for sharing your time and knowledge so selflessly!!! Below is the summary as per your guide and I have also attached full PDF document with photos and copies of letters etc (redacted for personal details): please answer the following questions. 1 Date of the infringement: 18/11/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date]: 19/12/2018 3 Date received: 24/12/2018 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] YES 5 Is there any photographic evidence of the event? YES (copy in the attached PDF) 6 Have you appealed? {y/n?] post up your appeal] YES (details in the attached PDF) Have you had a response? [Y/N?] post it up: YES (details in the attached PDF) 7 Who is the parking company?: UKPC (ukparkingcontrol.com) 8. Where exactly [carpark name and town]: Great Western Industrial Estate, Southall UB2 4SD PDF case copies for the Forum to ask for POPLA appeal help.pdf
  16. Hello, I have had an ongoing problem with Lowell for the past few years for 3 three mobile debts. Now yes I had contracts for these but I left due to lack of service and the fact that the phones were practically useless as none of the 3 could ever get signal in the house. The debts are for the cancellation fees that Three applied to the account. I have written to Lowells asking them to prove it, only to be sent the statement form three of the charges that were applied, now it is my understanding that mobile phone contracts are not under the CCA and therefore I don't have many options other than to pay them? I tested the water with the one for £188 and offered to pay £100, but Lowell declined and instead offered 20% discount and a partially settled mark on my credit file, which is pretty much-ruined thanks to this nightmare. I am looking for some advice on what to do now as this is causing me a lot of upset and stress, and I'm not really sure where to turn. Thank you in advance
  17. Hi, I received a Parking Charge Notice for parking in a place I thought would be fine to park in. I have a PCN for £60 rising to £100 that I just can't afford to pay. Things are so tight i'm afraid that this might take me over the edge. Is there ANYONE that can help me? Key details... - Date of infringement: 11/01/2019 - Not appealed yet. - NTK: Not received the notice to keeper - Company: One Parking Solution Ltd. - Place: New England House, Brighton.
  18. I received a Letter of Claim(pre action claim letter) from Lowell Solicitors on 03/06/2018, and have 30 days to send them the reply form, but just saw it today. Very worried if it is late. The Account start date 14/01/2013 Date of default 14/12/2013, the original company name is THree mobile, regarding 385.51 balance., so maybe a mobile contract wih handset. Then I sent the reply form back to the solicitors and CCA request to Lowell portfolio I Ltd, On 26/07/2018 received these letters from Lowell solicitor today( please see attached pictures) It says: "As this is former telecommunications matter it is not regulated by the Consumer Credit Act 1974, the original creditor is therefore not required to retain a copy of the Agreement, Subsequently, we are unable to request a copy of this document. A default Notice is a technical document that is applied to a Credit Agreement should a customer fail to repay the account.. As mobile phones have a Service Agreement and not a Credit Agreement, a Default Notice does not apply and is therefor not issued. " Since then they only enclosed a simple bill which is only 92.17 pounds from 3G, but Lowell asking for 385.51 pounds now., there is no other document for how it comes to be 385.51. It is not on the Term and conditions they sent neither. Also, on all the 3G letters, there is no 3G address at all. They said they hold my case for 30 days, otherwise will take court procedure. I am not sure about this phone contract, and not afford such big amount. What should I do next please? Anyone could give me some advise plz, what is my next plz? Should I send SAR to 3G? how can I find the address of 3G which I should send to plz? How should I reply letter for Lowell solicitor letter on 26/07/2018 plz? Thanks a lot for any advices! Thank you
  19. Hi and hoping it will be a happy year for most people on here.... I wanted to ask a bit of legal advice. Have a court hearing in 3w regarding a debt to a private lender. Its a serious situation. ie repo hearing cos i secured loan against property. I can't borrow/ remortgage. This asset and contents are all I have. There is equity. But in this bad market and if there is a repo process, who knows... I have been trying for ages to sell my asset and repay debt; it just hasn't happened. Til now. I now in talks with 2 serious buyers. Both sorting finances (cash). Am hoping one will confirm in next few days. The next stage would be to proceed with legals with one of them. But I would not have any funds before the court hearing date. Exchange may be possible? Completion on the asset sale will mean problem solved; oh happy days.... Due to these 2 options - can I ask for an adjournment? Ask for enough time to pursue them? I don't want to go to court and incur more/ huge expenses I can't afford a lawyer and the lender will have a top tough lawyer. I now have medical issues caused by the stress. I think I have to allow 5 days in writing before hearing to ask for adjournment? Is there a cost? I don't want to even consider either of the above options falling through....
  20. Name of the Claimant - Vehicle Control Services Date of issue – 30 Aug 2016 What is the claim for – the reason they have issued the claim? 1. The claimant's Claim is for the sum of £100.00 being monies due from the Defendant to the Claimant in respect of a PCN issued on 3/7/2015 at *home address* 2.The PCN relates to *reg number* The terms of the PCN allowed the Defendant 28 days from the Issue Date to pay the PCN, but the Defendant failed to do so. 3. Despite demand having been made, the defendant has failed to settle their outstanding liability. 4. The Claim also includes Statutory Interest pursuant to section 69 of the Count Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 3/7/2015 to 26/8/2016 being an amount of £8.42 5.The Claimant also claims £54.00 contracual costs pursuant to the PCN T&Cs." What is the value of the claim? Amount claimed: £162.42 Court Fee: £25.00 Legal costs: £50.00 Total: £237.42 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim ? Yes - BW Legal Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Hi all, I'm aware that there are hundreds of posts on here with information and answers etc. but having skimmed over around 5 different threads I'm still confused on what to do. I'm currently off on Maternity Leave so I don't get much time to sit around hence needing some quick help. .. it would be very much appreciated! I live in an apartment block and the car park below is private, managed by VCS. We have one space allocated per apartment and have to display a window ticket all year. I wasn't aware that the ticket had an expiry date of 30/05/2015 hence receiving a parking ticket for not displaying an updated ticket! I found it absurd that I had a ticket clearly shown but didn't realise I needed a new one so suddenly had to pay £100.00 for parking outside my own home. I haven't got any of the paperwork they've sent me as it all went to my mum's address where my car was still registered (hadn't got round to updating my address as we'd not long moved in) I told her to just chuck it all. I did read on a few forums about appealing when I first got the charge but I'd missed the deadline. next advice was to ignore. I still refuse to pay it and will happily stand infront of a court and give my reasoning, not that I'd win but out of principal. Any help on next steps would be great. Thanks Answered questions below which I believe help:
  21. Dear All, I have had a scary incident today! I was rushing through a saintsbury's local and accidentally tagged one item worth 2 GBP as carrots, I purchased 4 items and only one had the issue. The security guard asked me to go to a room with the manager who claimed that I did this 3 times without showing any proof! It did happen a time before and I assured her that it was a mistake and I re-scanned the item I wanted to purchase and paid for it (it was a glitch in the system which she did not admit, the self checkout was already waiting for carrots to be scanned and did not take the barcode of my item) This time, she was shouting, she was scary along with her large security guy. They asked for ID and I was getting my wallet to show him my ID, he took it without my permission and they started going though my bank cards and my driving license. They recorded my address and name and gave me a ban, they even insisted on treating me badly by taking a photo of me with the paper and the item which was a small bag of crisps!!! I feel really disappointed but I am also very worried that DWF or other companies might ask me to pay more money as I am an international student on a full scholarship. I am working hard and I have never had such issues in my life and would never do such things. I asked them the same question: why would I "play" with your system after scanning all of my items properly except one?!?! I even asked her that if she has a proof of what she claims, she can give me a full invoice of the items she is claiming and I will pay her for everything immediately to prove to her that this is unintentional and surely not my doing! I am really worried that this could affect my residency in this country or my scholarship or so, and I do not want to be forced to pay 150 GBP or more if it is not really owed! Sorry for the long text but I am shaking and I honestly do not know what to do, I cannot forget how they took my wallet and started taking my cards one my one!!! Please advise and I would be extremely thankful to all of you!
  22. Hi I hope you are able to assist me your help will be much appreciated This I believe should have been dealt with last year as excel brought two identical cases, ,one was this this case against me in 2017. I defended it and excel dropped it (but I believe a court error) but I have a just had a new CCJ against me for the same case Excel brought two claims against me in 2017. Exactly the same but diff dates. My defence and N180 (exactly the same) was sent in at the same time for them both. Excel discontinued case 1 but for some reason I think there was a court error and my defence was not initially registered for case 2. I re-sent the email with my defence to the court and both my CCJ’s were removed. I therefore presumed both were dealt with and dropped by excel. It should all have been dealt with last year but I have a new CCJ for the same case in Sept 2018 I got a set asides as they sent papers to an old address (plus I wasn’t the driver, they didn’t follow POFA and illegal signage and no planning permission for signs) and excel dropped them in 2017. These 2 cases running concurrent with the same defence and always dealt with together They have now given me a new default CCJ as I did not return the papers/questionnaire. This however was sent to my now very old address which was changed at DVLA many months ago. This I believe was an original error by the court (in 2017) as it should have been dealt with the same as case 1 ie defended and dropped in 2017. I do not really want to pay another £255 as I’ve already had a set aside for this case and paid it once, and as they dropped it I couldn’t ask for my costs. The court are telling me this is now a new case as I did not return the forms and that I have to pay for a set aside again Any advice would be very much appreciated
  23. Hi All I've received a letter from Monarch, a debit collection agency, stating that they are pursuing me for a debit of £12 (yes £12!!!) on behalf of an old Talk Talk mobile account I had. I haven't used the mobile number or sim for at least three years. The sim came free when I joined TT for one of their broadband, TV and phone packages about 6 years ago. I contacted Talk Talk in December by phone and they said that the monthly charge I was liable for had been introduced from July 2017. Unfortunately they had my old email address and they sent notification to that old email address about the new proposed charge. I did contact TT when I changed my email address but apparently my TT mobile account was a separate account and they weren't notified. If I had known that I was now going to be charged for something I no longer used, I would have asked them to cancel the account. The person on the phone at TT was not very helpful or sympathetic after I explained the situation and only offered me a reduced payment of £9. I don't feel that I should have to pay this amount especially as I haven't been using the mobile account for three years and I'm considering ignoring it as it's such a small amount. Do I have to worry about this debt or does anybody know if they will take any further action via small claims court? Any help or advice will be gratefully received. Many thanks Bachingmad
  24. Help! im a student and my Uni is very close to a Morissons. I've parked there randomly a few times and got 2 tickets for 50 pounds for overstaying the 2 hour period. To be fair i wasn't looking for any parking signs as i was always in a rush and didn't even know that i had a time limit in a shopping center car park. To be fair is a very small town. I live in Northampton by the way. I have receiving 3 letters( each for the 2 tickets) from Euro car parks which i kind of ignored and after that i have been getting tickets from DRP saying i have to pay 150 pounds each for both tickets. What should i do ? i've been so scared to get in contact with these people. At first i didn;t have the money and after that i thought i would just wait and get more familiar with the subject. Do i have to pay these tickets or not ? How should i go about this?
  25. Hi, I don't know which is the right thread/forum to post in as I do not usually use forums but I need Legal help and advice urgently. I won't name the bank this is concerning as the matter is currently on appeal with the Financial Ombudsman. However, I do feel that I must take further legal action regardless. In brief, I registered my contact details (tel number) on an online trading site, I was then telephoned by someone claiming to be from that site and that I had to register my ID with them and make an initial deposit. (I won't name the sites just yet as this is still ongoing). Approx £40,000 was taken from my bank account by the debit card I registered with and provided as ID. I reported this to my bank as Fraud at the end of October 2017 and the bank investigated and one week later chargedback and reversed all the transactions back to my bank account. It was confirmed to me that this was the end of the matter and there was no way my money could be taken from my account again. I then put this money into my Savings account with the same bank. In December 2017 the bank had received a letter from this company/site and they took all the money back out of my savings account. I have no trace/transactions of where this is now and if it has been returned to the company/site. Before the bank took my money back out of my savings account I had received a letter from them telling me they would take in 10days time. I did not receive this letter until around the 11th day and I transferred £20,000 only which was the max I could out of my savings account before the bank returned to this company/site. The following day the bank had taken the remaining £20,000 from my savings account and the £2,500 I had in my current account and put my current account in £15,000 debit. My current account has been closed and passed onto debt collections and a Default placed on my credit file. My employment status at the time was that I was working on a contract which required that I pay my own expenses in advance and they are then reimbursed. I could no longer work without my money or bank account and am still suffering from immense ongoing distress and mental anguish since December 2017 to the point of very seriously considering suicide and I'm receiving treatment from the doctor for depression and anxiety. I am currently still not working and the £20,000 I was able to recover from my Savings account has been used for my living/bills/rent costs and is now £12,000. I have been receiving some benefits but they are not enough to cover my costs. This matter was put to the Financial Ombudsman who responded that the bank had acted fairly and that they had found in favour of the company/site. This is now being appealed. I had reported this company/site to my bank as Fraud and my money was rightly reversed/chargedback to my account. The company/site that the bank has found in favour of and returned my money to (if they have returned it to them) is registered in the Marshall Islands at an address which is published in the Panama Papers, one of the biggest leaks and exposure of the rogue offshore finance industry. They are also listed on almost every worldwide financial regulators warning list - except for the UK. The trading platform provider for this company/site was raided by the FBI in January 2018 for conspiring with brokers to rig and manipulate trade losses on their sites. This company/site is widely regarded as Fraud and [problematic] by official authorities worldwide, yet my bank has returned my money to them even after I reported it to them as Fraud! I have not been treated fairly or protected as a consumer by this bank or the Ombudsman. There has been a failure by the bank in it's duty of care to me as a consumer by returning my money to these renowned [problematic] and it is not the standard expected from one of the largest UK national banks. Their negligence has caused me not only financial loss and injury but my health has very much suffered. I need guidance please for legal help and advice on pursuing legal action to recover my money, approx £22,500, the loss incurred of £8,000, loss of earnings since December 2017 and damages/compensation for the financial and personal injury caused to me. Thanks!
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